Published by If you or a loved one experienced cardiac problems or other serious health complications following consumption of Panera Charged Lemonade, you may be entitled to pursue compensation.
At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to dangerous food and beverage products.
Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.
Table Of Contents
- Panera Charged Lemonade Lawsuit Overview
- Latest Panera Charged Lemonade Lawsuit Updates
- FDA Reports and Statistics
- Panera Charged Lemonade Health Risks & Side Effects
- Do You Qualify for a Panera Charged Lemonade Lawsuit?
- Panera Charged Lemonade Warning Information
- Lawsuit Alleges Panera Charged Lemonade Responsible for 2nd Death: NBC News Video
- Statute of Limitations for Panera Charged Lemonade Lawsuits
- FAQs
- 1. Can I include claims for missed work and lost wages in the lawsuit if I became ill after drinking Panera Charged Lemonade?
- 2. Can I still file a lawsuit if I consumed Panera Charged Lemonade but did not seek immediate medical attention?
- 3. Can I file a claim if my child was affected by Panera Charged Lemonade?
- 4. How is liability determined in Panera Charged Lemonade cases?
- 5. What if I have a pre-existing heart condition that was aggravated by the Charged Lemonade?
- 6. How long will a Panera Charged Lemonade lawsuit take to resolve?
- 7. Will I need to testify in court for my Panera Charged Lemonade lawsuit?
- Take Action Now: Time-Sensitive Legal Claims
- References
Panera Charged Lemonade Lawsuit Overview
The Panera Charged Lemonade lawsuits focus on highly caffeinated beverages that allegedly caused cardiac arrests and deaths due to insufficient warnings about their caffeine content.
Two wrongful death lawsuits have been filed against Panera Bread Company, alleging that the restaurant chain failed to adequately warn consumers about the potentially dangerous levels of caffeine in their Charged Lemonade drinks [1].
The lawsuits claim Panera marketed these beverages as containing “clean caffeine” without proper warnings about caffeine content that exceeds the FDA’s recommended daily maximum for adults.
Latest Panera Charged Lemonade Lawsuit Updates
December 14, 2023 – A second wrongful death lawsuit has been filed against Panera Bread Company on behalf of the family of 46-year-old Dennis Brown, who allegedly died from cardiac arrest after consuming at least three Charged Lemonades at a Panera restaurant in Florida. Brown, who had a chromosomal disorder, was found unresponsive on the sidewalk and pronounced dead on October 9.
Accordingly, Dennis consumed the Panera Charged Lemonade, reasonably confident it was a traditional lemonade containing a reasonable amount of caffeine safe for him to drink. Upon information and belief, during his ninety minutes at PBC, Dennis refilled his charged lemonade two additional times. Dennis had a known habit of drinking three beverages in a row.”- Dennis Brown, Complaint
October 2023 – Panera issued new warnings and added signage on menus for their Charged Lemonade beverages, advising customers that the drinks contain “about as much caffeine as [Panera’s] Dark Roast Coffee” and cautioning to “use in moderation.” The warnings state the beverages are “not recommended for children, people sensitive to caffeine, pregnant or nursing women” [2].
October 2023 – A wrongful death lawsuit was filed against Panera in Philadelphia after 21-year-old University of Pennsylvania student Sarah Katz, who had Congenital Long QT Syndrome Type 1, died of cardiac arrest after drinking a Charged Lemonade. The lawsuit alleges the beverage was not advertised as an “energy drink” at the time Katz consumed it [3].
She was very aware of her health. She was very vigilant to avoid caffeine. She never drank coffee.”- Victoria Conway, Katz’s Roommate and Friend
FDA Reports and Statistics
According to the FDA, caffeine consumption should be limited to 400 milligrams per day for healthy adults, which is about four or five cups of coffee.
Key statistics about caffeine consumption include:
- A 30-ounce Panera Charged Lemonade was initially listed as containing 390 milligrams of caffeine, just 10 milligrams below the FDA’s recommended maximum daily intake
- The same drink is now listed as containing 237 milligrams of caffeine after accounting for ice dilution
- According to the FDA, rapid consumption of around 1,200 milligrams of caffeine can lead to toxic effects such as seizures
- Approximately 90% of Americans consume caffeine daily, making it one of the most widely used psychoactive substances
- The American Academy of Pediatrics recommends that children under 12 should not consume caffeine, and adolescents should limit caffeine consumption to less than 100 mg daily
Panera Charged Lemonade Health Risks & Side Effects
Consuming highly caffeinated beverages like Panera’s Charged Lemonade can lead to a range of adverse health effects, particularly for individuals with underlying health conditions or sensitivity to caffeine.
- Cardiovascular Effects: Irregular or rapid heartbeat, chest pain, elevated blood pressure, and in severe cases, cardiac arrest
- Neurological Effects: Dizziness, headaches, irritability, anxiety, confusion, and in extreme cases, hallucinations or convulsions
- Gastrointestinal Issues: Nausea, vomiting, diarrhea, and increased thirst
- Respiratory Complications: Difficulty breathing, rapid breathing, or shortness of breath
- Severe Reactions: In rare cases, excessive caffeine consumption can lead to death, particularly in individuals with pre-existing heart conditions
Do You Qualify for a Panera Charged Lemonade Lawsuit?
You may qualify for a Panera Charged Lemonade lawsuit if:
- You consumed Panera Charged Lemonade before October 2023 when new warnings were implemented
- You experienced serious health complications such as heart palpitations, cardiac issues, seizures, or other severe reactions after consuming the beverage
- You sought medical treatment for your symptoms
- You had no prior knowledge of the high caffeine content in the beverage
- You have a pre-existing condition that makes you particularly sensitive to caffeine, such as a heart condition, and Panera failed to adequately warn you about the risks
- A family member died after consuming Panera Charged Lemonade, and their death can be linked to caffeine consumption
Evidence Required for a Panera Charged Lemonade Lawsuit
To support your Panera Charged Lemonade lawsuit, you will need:
- Proof of purchase of Panera Charged Lemonade (receipts, credit card statements, witness statements)
- Medical records documenting your health complications after consuming the beverage
- Documentation from healthcare providers linking your symptoms to caffeine consumption
- Any communications with Panera regarding your concerns about the product
- Evidence of pre-existing conditions that were exacerbated by caffeine consumption
- In wrongful death cases, a death certificate and medical records establishing the cause of death
Damages You Can Recover
In a successful Panera Charged Lemonade lawsuit, you may be entitled to compensation for:
- Medical expenses related to the treatment of caffeine-related health issues
- Lost wages if you had to miss work due to your health complications
- Pain and suffering caused by your health issues
- Permanent disability resulting from complications
- In wrongful death cases, funeral expenses, loss of financial support, and loss of companionship
- Punitive damages if Panera’s conduct is found to be particularly reckless or negligent
Panera Charged Lemonade Warning Information
Following the lawsuits, Panera has updated its information about Charged Lemonade.
Key details include:
- Warning Implementation Date: Late October 2023
- Current Warnings: Beverages contain “about as much caffeine as [Panera’s] Dark Roast Coffee” and should be used “in moderation”
- Population Restrictions: “Not recommended for children, people sensitive to caffeine, pregnant or nursing women”
- Caffeine Content: Now listed as 237 mg for a 30-oz large size (previously listed as 390 mg)
- Caffeine Source: Marketed as containing “clean caffeine” from guarana and green coffee extract
- Prior Marketing: Before the lawsuits, the beverages were allegedly not advertised as “energy drinks” and were placed alongside non-caffeinated beverages
Lawsuit Alleges Panera Charged Lemonade Responsible for 2nd Death: NBC News Video
Statute of Limitations for Panera Charged Lemonade Lawsuits
The statute of limitations for filing a Panera Charged Lemonade lawsuit varies by state but typically ranges from 1-6 years from the date of injury or death.
Some states have shorter timeframes for product liability or wrongful death claims, while others may apply a “discovery rule,” which starts the clock when you discovered or reasonably should have discovered that your injuries were caused by the product.
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FAQs
1. Can I include claims for missed work and lost wages in the lawsuit if I became ill after drinking Panera Charged Lemonade?
Yes, if you had to miss work due to illness or injury caused by consuming Panera Charged Lemonade, you can seek compensation for lost wages as part of your lawsuit. This can include both past lost income and any future earnings if your ability to work is affected long-term.
2. Can I still file a lawsuit if I consumed Panera Charged Lemonade but did not seek immediate medical attention?
Yes, you can still file a lawsuit, but it may be more challenging to prove your case without immediate medical documentation. It is important to gather any available evidence, such as symptoms you experienced, witness statements, and any delayed medical treatment you received, to support your claim.
3. Can I file a claim if my child was affected by Panera Charged Lemonade?
Yes, if your child consumed Panera Charged Lemonade and suffered adverse effects, you can file a claim on their behalf. Children may be more sensitive to high levels of caffeine, and any harm they suffered could form the basis for a lawsuit.
4. How is liability determined in Panera Charged Lemonade cases?
Liability is typically determined by establishing that Panera failed to provide adequate warnings about the caffeine content, misrepresented the nature of the product, or knew of potential risks but did not take appropriate action. The timing of your consumption (before or after warning labels were added) may impact liability determination.
5. What if I have a pre-existing heart condition that was aggravated by the Charged Lemonade?
Having a pre-existing heart condition may strengthen your case, as it demonstrates increased vulnerability that Panera should have warned about. The “eggshell plaintiff” legal doctrine holds that defendants take plaintiffs as they find them, meaning Panera would be liable for aggravating your condition even if others might not have been affected as severely.
6. How long will a Panera Charged Lemonade lawsuit take to resolve?
The timeline varies depending on case complexity and whether it settles or goes to trial. Simple cases might settle within 6-18 months, while complex cases or those that go to trial could take 2-3 years or longer to resolve.
7. Will I need to testify in court for my Panera Charged Lemonade lawsuit?
Many cases settle before trial, but if yours proceeds to court, you may need to testify about your experience and injuries. Your attorney will thoroughly prepare you for any testimony, and depositions may be required even if the case settles out of court.
See the other food poisoning lawsuits our attorneys have covered.
Take Action Now: Time-Sensitive Legal Claims
Time is limited to pursue legal action for injuries caused by Panera Charged Lemonade. Most states have a statute of limitations of only 1-6 years from the date of injury, so it’s crucial to act promptly to protect your legal rights.
At Schmidt & Clark, LLP, we offer:
- Free, confidential consultations to evaluate your case
- No upfront costs or fees for our legal services
- Payment only if we win your case
Don’t delay in seeking the compensation you and your family deserve. Contact our experienced legal team today to discuss your potential Panera Charged Lemonade lawsuit.
References
- https://www.usatoday.com/story/money/food/2024/01/22/panera-charged-lemonade-lawsuits/72311233007/
- https://abcnews.go.com/GMA/Food/panera-bread-issues-new-warning-charged-lemonades-amid/story?id=104502603#:~:text=In%20the%20wake%20of%20the,caffeine%2C%20pregnant%20or%20nursing%20women.
- https://www.nbcnews.com/news/us-news/panera-lawsuit-charged-lemonade-sarah-katz-death-rcna120785